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Chisinau, Moldova (MD)
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Moldova (MD)

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09-02-2015 (Newsletter Issue 13/15)
Several IP Legislative Acts Amended
The State Agency on Intellectual Property announced on its website that amendments and additions to certain legislative acts in the field of intellectual property have been adopted in the Republic of Moldova on July 30, 2015, namely:

- Law No. 38-XVI of 29 February 2008 on the Protection of Trademarks;
- Law No.161-XVI of 12 July 2007 on the Protection of Industrial Designs;
- Law No. 39-XVI of 29 February 2008 on the Protection of Plant Varieties

The Law on Protection of Trademarks has been amended. It is now possible to register holograms, position, smell, touch and sound designations as a trademark. Also, amendments have been made concerning absolute and relative grounds for refusal, limitation of the exclusive right, rejection of the trade mark registration application and renewal of trademark registration, etc.

Further, the Law on the Protection of Industrial Designs has been amended. Some procedural aspects, in particular, concerning the filing of ID registration application, examination, withdrawal and renewal of registration has been modified.

Also, the Law on the Protection of Plant Varieties has been adjusted. In particular, the limitation of the right to the plant variety patent, use of the variety denomination and its amendment.

Source: www.agepi.md


09-16-2014 (Newsletter Issue 14/14)
Use of National Symbols
The Moldovan State Agency on Intellectual Property (AGEPI) announced on its website that the Law on Approval of National Symbols Associated with Protected Geographical Indications (GI), Protected Appellations of Origin and Traditional Specialties Guaranteed entered into force in Moldova on 25 July 2014. The text of the law is available in Moldovan only.

According to AGEPI, the law and the Regulation on the national symbols prescribe that the symbols can be used free of charge only by natural or legal persons holding the right to use a protected geographical indication or a protected appellation of origin or by natural or legal persons that meet the specifications for a traditional specialty guaranteed. The symbols can be used on products, labels and/or packaging materials, in advertising or in accompanying documents.

The national symbols were selected by the National Commission following a national contest that the Moldovan government had organized.

Source: www.petosevic.com


06-10-2014 (Newsletter Issue 9/14)
New Service of E-Filing
The State Agency on Intellectual Property (AGEPI) officially launched the web service “Online Filing of Applications for Registration of Intellectual Property Objects”, which can be accessed at the addresses www.e-agepi.md and www.servicii.gov.md.

The purpose of the launched platform is to provide quality services to citizens and business environment from Moldova and abroad, in the registration of trademarks, inventions, industrial designs, works, phonograms, and other intellectual property objects.

The system enables remote communication without the applicant being forced to move to the AGEPI. At the same time, the user will have a high level of security and confidentiality of information. In addition, on-line filing service enables the efficient administration of time and reduction of personal expenses. In the same vein, service users benefit from a modern system of payment, including by bank card, from advance, in cash or MPay service. Important is that the applicant is not withhold any additional fee in connection with the use of on-line filing system.

Source: www.agepi.gov.md


10-03-2010 (Newsletter Issue 15/10)
IP Service List Updated
The Moldovan Intellectual Property Office (AGEPI) has published an updated list of its intellectual property services on its website, in effect since August 1st, 2010.

For more information please click here


Source: www.petosevic.com

Legal basis is the Law on Protection of Trademarks no. 38-XVI of February 29, 2008.
Moldova is a member of the Madrid Agreement and the Madrid Protocol and of the Singapore Treaty, as well as Trademark Law Treaty (TLT).
Trademark protection is obtained by registration.
Trademarks which were protected in the former Soviet Union are protected in Moldova only, if they were transcribed within the period stipulated.
Nice classification, 10th edition
According to Art. 2 of the Law on the protection of trademarks (as amended by the Law No. 162 of July 30, 2015) trademark is any sign (visual, auditory, olfactory, tactile), used to individualize and distinguish the goods and/or services of a natural or legal person from those of other natural or legal persons.

Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs, provided that such designations allow the goods and/or services of one natural person or legal entity to be distinguished from the goods and/or services of other natural persons or legal entities.
The following trademark types are registrable: trademarks, service marks, certification trademark (sign of correspondence) and collective marks.
The application is filed at the State Agency of Intellectual Property (AGEPI).
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use in the territory of the Republic of Moldova.
The processing time from the first filing to registration is approximately from 12 to 14 months.
Before substantive examination the trademark application is published in the Official Bulletin of Intellectual Property.
National:
The opposition period is 3 months from publication date of the application.


Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
The grace period for renewals isf 6 months after the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration or has later not been used for 5 consecutive years, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official fee for filing an application is EUR 240.00 for one class, EUR 50.00 for each additional class and EUR 250.00 for the registration and protection for 10 years (granting of Certificate).


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Word Mark Search (availability) 370,00 € 130,00 € 
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Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
12-14-2016
Zivko Mijatovic & Partners, Alicante, Spain  

09-02-2015
Zivko Mijatovic & Partners, Alicante, Spain  

07-10-2013
Agentia Trei G S.A., Kishinev, Moldova

07-09-2013
Zivko Mijatovic & Partners, Ljubljana, Slovenia  

01-04-2012
Agentia Trei G S.A., Kishinev, Moldova



Neomark Ltd. / FS Patent Ltd.

Bd. Stefan cel Mare nr. 134
MD-2012 Chisinau
Moldova (MD)

Agentia Trei G S.A.

31/1-111 Trandafirilor Str.
MD2038 Kishinev
Moldova (MD)

State Agency on Intellectual Property of the Republic of Moldova (AGEPI)
24/1 Andrei Doga str.
Chisinau, 2024
Moldova
Tel +373 22 40 05 00
Fax +373 22 44 01 19
agepi.gov.md

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int